AVO LAWYERS SYDNEY

Two types of AVO’s:

2. Apprehended Domestic Violence Orders: is made to protect a person where a domestic relationship exists between the parties, for example a married couple, brother & sister, etc.
3. Apprehended Personal Violence Orders: is made where the people involved are not related and do not have a domestic relationship, most commonly applied for co-workers and neighbours.

Any person over the age of 16 or a Police Officer can apply for an AVO. It has become common practise for Police Officers to apply on behalf of domestic violence complainants/ victims.

Any person who is or has been a victim of physical assault, stalking, intimidation or harassment and has a reasonable fear to believe that this behaviour will continue should apply for an AVO.

Yes, as a defendant you have a legal right to contest an AVO. The matter will be heard in a contested AVO hearing in the Local Court.

Yes, A defendant can appeal against an order being made. An applicant can appeal against an application for an order being dismissed. A party can appeal against a variation or revocation of an order, or a refusal to vary or revoke an order.

No, you will not have a criminal record. An AVO is not a criminal charge. You can accept an AVO on a “without admissions” basis. This means that you do not admit to any of the facts alleged on the AVO application.

There are mandatory orders and additional orders that can be made under an AVO.

The mandatory orders are orders that are designed to protect the protected person but they do not require you to do anything that you wouldn’t usually be expected to do. The orders are designed to stop you from:

• Assaulting, molesting, harassing, threatening or otherwise interfering with the protected person or a person with whom the protected person has a domestic relationship,
• Engaging in any other conduct that intimidates the protected person or a person with whom the protected person has a domestic relationship,
• Stalking the protected person or a person with whom the protected person has a domestic relationship.

Additional Orders:

There are 9 additional orders that a protected person or the police may apply for and a magistrate may make. These are:

1. You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.
2. You must not approach:
   1. the school or any other place the protected person might go to for study,
   2. any place they might go to for childcare, or
   3. any other place listed here___.
3. You must not approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs.
4. You must not try to find the protected person except as ordered by a court.
5. You must not approach the protected person or contact them in any way, unless the contact is:
   1. through a lawyer, or
   2. to attend accredited or court-approved counselling, mediation and/or conciliation, or
   3. as ordered by this or another court about contact with child/ren, or
   4. as agreed in writing between you and the parent(s) about contact with child/ren. or
   5. as agreed in writing between you and the parent(s) and the person with parental responsibility for the child/ren about contact with the child/ren.
6. You must not live at:
   1. the same address as the protected person, or
   2. any place listed here ___.
7. You must not go into:
   1. any place where the protected person lives, or
   2. any place where they work, or
   3. any place listed here___ .
8. You must not go within ___ metres of:
   1. any place where the protected person lives, or
   2. any place where they work or
   3. any place listed here___.
9. You must not possess any firearms or prohibited weapons.

A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.

Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both.

The Court has power when making a final or interim order to make property recovery orders where the defendant or protected person has left property at the premises occupied by the other party.

A property recovery order may:

• Direct access to particular premises to either party and/or a police officer or any person authorised by the court to remove property;
• Specify the nature of access, on what terms and specify particular property or “personal property”.

Destroy or damage property offence

The offence of destroy or damage property is not strictly applicable to domestic violence. However, this offence is prevalent in the domestic setting.

Section 195 of the Crimes (Domestic and Personal Violence) Act 2007 sets out the elements and maximum penalties of destroying or damaging property offences:

(1) A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable–

(a) to imprisonment for 5 years, or

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.

(1A) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable–

(a) to imprisonment for 6 years, or

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.

(2) A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable–

(a) to imprisonment for 7 years, or

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.